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(영문) 창원지방법원 2017.01.25 2016노3055

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. Determination is advantageous to the fact that the defendant recognized all of the crimes of this case and reflects the fact that the defendant had no record of punishment in Korea, and the profit that the defendant acquired through each of the crimes of this case is part of the total amount of damage.

However, each of the crimes of this case is a crime of deceiving a victim by deceiving him/her into the house and allowing him/her to withdraw his/her deposit, and inducing him/her out of the house, and it is planned under the system of the so-called "point of view" to share the role of multiple accomplices. These types of crimes are being committed against many and unspecified persons, such as expanding public institutions and financial transactions, and frequently causing damage, and requires strict punishment. The defendant does not merely withdraw and deliver cash using passbooks or cards, but also play a role of taking charge of cash, etc. entering the residence of victims, and thus doing so. The victim F, and J. 2 was deposited by the victims of this case.

Most of the money was withdrawn in cash, but it was stolen, and the fact that no particular damage has been recovered up to now is disadvantageous.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, the sentencing of the lower court is unfair to have exceeded the reasonable bounds of discretion or maintain it as it is, given that the lower court’s judgment exceeded the reasonable bounds of discretion.